Blogs
Join the Discussion: The National Distributing Company case
by evansfox | Aug 21, 2017 | General Business, Tips For the Entrepreneur
The National Distributing Company case arose from an order of the Director suspending the wholesaler's permit for violations of section 5(b)(3) of the Federal Alcohol Administration Act (FAA Act), 27 U.S.C. section 205(b)(3). The violations were based upon National's...
Use of Dissimilar Goods as “Free Goods”
by evansfox | Aug 21, 2017 | General Business, Uncategorized
The Bureau of Alcohol, Tobacco and Firearms has reviewed its position, as stated in ATF Ruling 75-33, 1975 ATF C.B. 34, that "free goods" must be identical, with the exception of container size, to other goods purchased in order to be considered as part of a pricing...
Product Displays
by evansfox | Aug 21, 2017 | General Business, Retail Liquor License, Tips For the Entrepreneur, Uncategorized
Things of value supplied by industry members to retailers are prohibited, both by law (26 USC § 205 (b)(3)) and regulation (27 CFR § 6.41) under the Federal Alcohol Administration (FAA) Act, if the other elements of the statute can be established. Only those things of...
Tie-In Sales — An Unlawful Trade Practice
by evansfox | Aug 21, 2017 | Tips For the Entrepreneur, Uncategorized
What is a Tie-in Sale? A tie-in sale occurs when an industry member requires a retailer to purchase a product that the retailer did not want to purchase, in order to obtain the product the retailer wants. Tie-in sales are a form of unlawful quota sales covered by the...
Liquor Laws and Regulations for Retail Dealers
by evansfox | Aug 21, 2017 | General Business, Retail Liquor License
1. General Retail dealers of distilled spirits, wine or beer must comply with certain requirements of federal laws and regulations. Failure to comply with these requirements carries severe penalties and renders the dealer liable to criminal prosecution. This...
Protecting Your Beer Brand Assets with Design Patents
by evansfox | Aug 16, 2017 | Brewery & Cidery, Craft Beverage Branding, General Business
Close your eyes. Can you picture the Coca Cola bottle? Can you picture the Absolute vodka bottle? That is powerful branding. Just hearing the name conjures up an image. Out of the hundreds of brands of beverages, you can identify these products on the store shelves...
Beer Brand Battles
by evansfox | Aug 16, 2017 | Brewery & Cidery, Craft Beverage Branding, General Business
E & J Beer failed to keep its trademark registration current, leaving it vulnerable to a trademark attack. After being in business for more than 100 years, it probably never thought it would be involved in a brand dispute over its name. Beermakers are increasingly...
Should you be adding a non-alcoholic line of beverages to your portfolio?
by evansfox | Aug 15, 2017 | Brewery & Cidery, General Business, Restaurants & Bar, Tips For the Entrepreneur
Should you be adding a non-alcoholic line of beverages to your portfolio? The latest trend in the adult beverage world is non-alcoholic substitutes for our favorite adult beverages. This is an emerging industry trend, and it offers greater profit margins since excise...
How to File a Domain Name Dispute
by evansfox | Aug 15, 2017 | Copyright, General Business, Tips For the Entrepreneur, Trademark
You have a business name and have registered a trademark. You discover that someone has filed domain names using your brand and is cybersquatting on them trying to make a quick buck. Everyone knows this is illegal, but what are your options? The World Intellectual...
How Long Do I Have to Revive a Lapsed Trademark Application or Registration?
by evansfox | Aug 15, 2017 | General Business, Trademark
If there has been an unintentional abandonment or lapse in a trademark filing, it may be possible to file a petition to revive the dead application or reinstate a lapsed registration. Applicants and registrants can check the status of an application or registration...
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